Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia
The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this...
| Main Author: | |
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| Format: | Article |
| Language: | Arabic |
| Published: |
Universitas Islam Negeri Walisongo Semarang
2022-10-01
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| Series: | Al-Ahkam |
| Subjects: | |
| Online Access: | https://journal.walisongo.ac.id/index.php/ahkam/article/view/11720 |
| _version_ | 1797281031850557440 |
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| author | Firman Wahyudi |
| author_facet | Firman Wahyudi |
| author_sort | Firman Wahyudi |
| collection | DOAJ |
| description | The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine). |
| first_indexed | 2024-03-07T16:50:42Z |
| format | Article |
| id | doaj.art-0848bd47fa91459bb50f85238cd8bcb4 |
| institution | Directory Open Access Journal |
| issn | 0854-4603 2502-3209 |
| language | Arabic |
| last_indexed | 2024-03-07T16:50:42Z |
| publishDate | 2022-10-01 |
| publisher | Universitas Islam Negeri Walisongo Semarang |
| record_format | Article |
| series | Al-Ahkam |
| spelling | doaj.art-0848bd47fa91459bb50f85238cd8bcb42024-03-03T05:24:29ZaraUniversitas Islam Negeri Walisongo SemarangAl-Ahkam0854-46032502-32092022-10-0132221123210.21580/ahkam.2022.32.2.117204079Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in IndonesiaFirman Wahyudi0Mahkamah Agung, JakartaThe dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).https://journal.walisongo.ac.id/index.php/ahkam/article/view/11720illegal divorceithbāt ṭalāqta’zīr |
| spellingShingle | Firman Wahyudi Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia Al-Ahkam illegal divorce ithbāt ṭalāq ta’zīr |
| title | Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia |
| title_full | Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia |
| title_fullStr | Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia |
| title_full_unstemmed | Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia |
| title_short | Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia |
| title_sort | ithbat talaq an offer of legal solutions to illegal divorce in indonesia |
| topic | illegal divorce ithbāt ṭalāq ta’zīr |
| url | https://journal.walisongo.ac.id/index.php/ahkam/article/view/11720 |
| work_keys_str_mv | AT firmanwahyudi ithbattalaqanofferoflegalsolutionstoillegaldivorceinindonesia |